HomeMy WebLinkAbout02-3963~ate: 05/17/2002
Time: 11:44 AM
Page 1 of 1
Adams County Court of Common Pleas
RCA Report
Case: 1993-SU-0000806
Current Judge: No Judge
Elizabeth Ann Pyles vs. Timothy Pyles
Divorce/Custody
User: SPIPER
Date
Judge
09/14/1993
03/19/2002
03/22/2002
04/O2/2O02
04/12/2002
04/17/2002
O5/O3/2OO2
New Case Filed
See docketing prior to FullCourt
Petition for Modification of Custody filed.
Hearing Scheduled (Custody 05/02/2002 01:30 PM) (Order of Court filed.) Robert G. Bigham
Certificate of Service filed. (Order of Court and Pet. for Mod.)
Preliminary Objections to Complaint for Modification of Custody and Motion
to Dismiss for Lack of Jurisdiction Pursuant to PA. R.C.P. 1915.5 flied.
(Certificate of Service attached.)
Certificate of Concurrence of Non-Concerrence filed.
Stipulation filed.
Order filed. (case is to be transferred to Cumberland County pursuant to
the agreement of the parties.)
an~. attired co,,,,, t-'-- ~g true,
anti compa~ed ;~,fth~t?e~en~r9m. .
93 $ 000806
DOB SSN Number Address
5 Hames found
~ 93 S 000806
238~2
Index Onl~ for Case 93 ~ 000808 Diuorce~cu~-toW~
Filing Hate: 09~14~1995
Last ~tatus D~e: 08~8~99G
La~ Transa~ion O~e:
Comment:
~laia~: ~es, Elizab~h Ann
O~endaa: ~es, Timot~ D.
09~3 Complai~d For Oiuorce And Cu~oe Filed
09/t~3 ~Wo~e & Bce ~ She¢ 3ack,on, Esq.
09d~3 ~W. High ~.~ 6~buro,
09~3 AHorne For The PIBi~.
09d~3 Order ~ Cou~ Filed. (coherence To Be
09~3 geld ~ond~, SeCember 20, ~993 At 8:30
09/~3 Am.)
09~3 Pr~ ~0.00
09d~3 Tax .60
09d~3 Jud Comp Fund
09~3 Child Tru~ Fund 10,00
09~3 1 E~ra Cou~ 15.00
See ne~ ~em for more e~ries.
93 S 000006
DOB SSN Number Address
5 Dames found
~ 93 $ O0080G, continued (01)
93 S 000008, continued (02)
238553
Index Onlyfor Case 93 S 000806 Diuorce/custody
09/1~b~J3 I Ex Ct - Jud Comp Fund 5.00
09/15/93 Sheriff's Return Filed. (complaint &
09/15/93 Order)
09/15/93 Sheriff's Costs t8.40
09~24/93 Motion Filed.
09~24/93 Order Of Court Filed. (conFerence Is
09~24/93 Continued Generally. Mother Hsa Primary
09F24/93 Physical CustodyWlth Partial RJ01~S
09F24/93 To Father As Stated In Order.)
12/08/93 Prascipe For Withdrawal And Entry Of
12/08/03 Filed.
12/00/93 And How, This 8th Day Of December,
12/08/03 1993, The Appearance Of Wolfe & Rice By;,
12/00/93 Sheryl Jackson, Esq., Is Hereby
238554
Index Only for Case 93 S 000806 Diuorce/custocly
93 S 000806
DOB SSN Number Address
Names found
~ 93 S 000806, continued (02)
93 S 000800, continued
238554
Index Onl~for Case 93 ~ 000806 Diuorce/cuetody
12/08/93 XYdhdrawn.
12/08/93 Patricia A. Funt, Prnthonntal~
12/08/93 And How, This 8th Day Of December,
12/08/93 t 993, The Appearance Of Frankel, Bare &
t2/08/93 Associates I~. Dsrr~,l W. Cunninoham, Esq
12/00/93 14~f. King St., York, Pa 17401,
12/08/93 A(lorney For The Plair~iff Is Neret~
12/08~93 Entered.
12/08/93 Patrcia A. Funt~ Prethonetar~
05F21/96 Plaintiffs Affldauit Under Section
05F2~/90 330~(d) Of The Oiuorce Code Signed I~
05/21/96 Elizabeth Ann I~,los Plaintiff.
05F29/96 Aflidauit Of Consent Si§ned I~ Elizabeth
05F29/96 Ann I~les, PlaintiffWith Wauier
238555
index OnlJ/for Case 93 S 000806 Diuorce/cuetod~r
93 ~ 000806
DOB SSN Number Address
5 Names found
~ 93 $ 000806, continued (03}
93 S 000806, continued (04)
238555
Index Ofl{y for Case 93 $ 000806 Oiuorce/custod~
05~29/96 A~ached Filed.
05~13/96 Ce~cate ~ Se~uice ~iled.
08~?~6 Ced~cate ~ Mailing ~ Hotice ~
08~7~6 I~e~ion To ~que~ Ent~ ~ Diuorce
08~6 Decree Filed.
08~7~G Praecipe To Trensm~ ~cord Filed.
08~?~6 All Papers Forwarded To The Cou~ For
08~T~6 E~ ~ Decree.
08~8~6 Decree ~ Diuorce Gra~ed To Elizab~h
08~8~6 Ann ~es, Plai~. (irr~rieuab~
08~8~6 Broken) The Cou~ R~ains Jurisdi~ion
08~8~6 ~ A~ Claims ~ised ~ The Pa~ies To
~8~8~6 This A~ion For ~ich A Final Order Has
08~8~6 H~ ~ Been E~ered. A~ Exi~inG
See ne~ ~m for more e~rJe~.
238556
Index On,for C~se 93 S 000806 Diuorce/cu~o~
93 S
DOB SSN Number Address
= 93 S 000000, continued (04)
238550
Index Only for Case 93 S 00O60G Diuorce/custody
Comment:
08/08/99 Spousal Suppo~ Order Sh~ll Hereafter
06~6/90 Be Deemed An Order For Alirnorl~ Pendente
08/98/96 Lite If Any Economic Claims Remain
88/09/90 Pendin~l.
08/08/96 Notice Of Entry Of Decree Given By
08/08/90 Ordinary' Msil To Defendant.
IN THE COURT OF COMMON PLEAS, ADAMS COUNTY, PENNSYLVANIA
CIVIL - LAW
Elizabeth Ann Pyles
Plaintiff/Respondent
Timothy Pyles
Defendant/Petitioner
93-S-806
,2002, it is hereby ~/~rOera~hat
ORDER
AND NOW, this qn~day of
in consideration of the foregoing stipulation, that (_.9
1. The custody conference scheduled in the above captioned matter on May 2,
2002 at 3:00 p.m. regarding the custody of the minor child Rebekah Elizabeth Pyles is
hereby continued to the call of either party in order to allow the parties an opportunity to
settle this matter in a manner to reduce any possible negative emotional impact to the
child..
2. The preliminary objections filed by the Respondent are hereby preserved
without prejudice to either party.
3. This matter shall be transferred to Cumberland County pursuant to the
agreement of the parties.
BY THE COURT,
~icrofilmed
IN THE COURT OF COMMON PLEAS, ADAMS COUNTY, PENNSYLVANIA
CIVIL - LAW
Elizabeth Ann Pyles :
Plaintiff/Respondent : 93-S-806
v. :
Timothy Pyles :
Defendant/Petitioner :
STIPULATION
AND NOW, this ~4~"~day of April, 2002, comes the Parties in the above
captioned matter, by and through their attorneys and enter into the following stipulation:
1. A custody conference is scheduled in the above captioned matter with this
Honorable Court on May 2, 2002 at 3:00 p.m. regarding the custody of the minor child
Rebekah Elizabeth Pyles.
2. The custody conference was scheduled pursuant to the Petition of thc Father in
this matter filed on March 22, 2002.
3. Mother has filed Preliminary Objections to said Petition based upon thc fact
that the child has resided in Cumberland County for several years. Mother has
furtbermorc requested that jurisdiction be transferred to Cumberland County.
4. Thc parties agree that Fatber has not exercised partial custody of the child
since shortly aitcr thc entry of thc original custody order in 1993.
5. Thc parties agree to thc continuation of thc scbedulcd custody conference
generally to the call of either party in order to allow the parties an opportunity to settle
this matter in a manner to reduce any possible negative emotional impact to the child.
(~. Thc par~ics further agree to the continuation generally of thc Rcspundent's
preliminary objects to allow the parties an opportunity to settle this matter.
7. The parties further agree to transfer of this matter to Cumberland County
where thc child currently resides.
Wherefore, the parties hereto agree to the entry of the attached order in support
of this stipulation.
Witness:
Andrew C. Sbeely
Elizabeth Ann D~Flippo
Wendy Weikal-Beauchat
Timot~yles
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ELIZABETH ANN DIFILIPPO,
formerly known ELIZABETH
ANN PYLES,
Plaintiff/Respondent
VS.
TIMOTHY D. PYLES,
: NO. 93-S-806
: CIVIL ACTION - CUSTODY
Defendant/Petitioner :
CERTIFICATE OF CONCURRENCE OR NON-CONCURRENCE
I, Andrew C. Sheely, Esquire, hereby certify that I served a
copy of the attached Preliminary Objections'upon Wendy Weikal-
Beauchat, Esquire, by fax transmission on April 11, 2002. I further
state that I was advised by Wendy Weikal-Beauchat, Esquire, that she
did/d~d no, concur with the attached Petition prior to its filing
on the date set forth below.
Date: April 12, 2002
Andrew C. Sheely, Esquire
Attorney for Respondent
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 - 697 - 7050
Uicrofilme~
IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ELIZABETH ANN DIFILIPPO,
formerly known ELIZABETH
ANN PYLES,
Plaintiff/Respondent
vs.
TIMOTHY D. PYLES,
: NO. 93-S-806
: CIVIL ACTION - CUSTODY
Defendant/Petitioner :
ORDER OF COURT
AND NOW, this __ day of , 2002, upon
consideration of the attached Preliminary Objections/Motion to
Dismiss to Petitioner's Petition for Modification of Custody, it is
hereby directed that Prothonotary of Adams County transfer the
within action and case to the Prothonotary of the Court of Common
Pleas of Cumberland County so as to comply with the Uniform Child
Custody Jurisdiction Act.
BY THE COURT,
Wendy Weikal-Beauchat, Esquire
Attorney for Petitioner
Andrew C. Sheely, Esquire
Attorney for Respondent
IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ELIZABETH ANN DIFILIPPO,
formerly known ELIZABETH
ANN PYLES,
Plaintiff/Respondent
VS.
TIMOTHY D. PYLES,
NO. 93-S-806
CIVIL ACTION - CUSTODY
Defendant/Petitioner :
ORDER OF COURT
AND NOW, this __ day of , 2002, upon
consideration of the attached Preliminary Objections/Motion to
Dismiss to Petitioner's Petition for Modification of Custody, it is
hereby ordered that a hearing on the above-referenced motion be
scheduled for the
No. , at
Baltimore Street,
day of , 2002, in Courtroom
.m., located at the Adams County Courthouse,
Gettysburg, Pennsylvania.
BY THE COURT,
Wendy Weikal-Beauchat, Esquire
Attorney for Petitioner
Andrew C. Sheely, Esquire
Attorney for Respondent
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ELIZABETH ANN DIFILIPPO,
formerly known ELIZABETH
ANN PYLES,
Plaintiff/Respondent
vs.
TIMOTHY D. PYLES,
Defendant/Petitioner :
::: NO. 93-S-806 D~'~! ~ --r~
: CIVIL ACTION - CUSTO ~ ~
PRELIMINARY OBJECTIONS TO COMPLAINT FOR MODIFICATION
OF CUSTODY AND MOTION TO DISMISS FOR LACK OF JURISDICTION
PURSUANT TO PA. R.C.P. 1915.5
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
Respondent/Plaintiff, Elizabeth A. DiFilippo, (formerly known
as Elizabeth Ann Pyles), by and through counsel of Andrew C.
Sheely, Esquire, hereby raises a question of jurisdiction of the
person and venue by preliminary objection to the Petition for
Custody pursuant to Pa. R.C.P. No. 1915.5, and respectfully states
as follows:
1. Respondent/Plaintiff is Elizabeth A. DiFilippo, (formerly
known as Elizabeth Ann Pyles), an adult individual who currently
resides at 91 Margaret Drive, Mechanicsburg, Cumberland County,
Pennsylvania, 17050.
2. Petitioner/Defendant is Timothy D. Pyles, an adult
individual who may reside in Gettysburg, Adams County,
Pennsylvania.
3. Respondent and Petitioner are the biological parents of
Rebekah Elizabeth Pyles, born July 27, 1992.
4. On or about March 19, 2002, Petitioner Timothy D. Pyles
initiated a Petition for Modification of Custody in Adams County
docketed to the above-stated case and number.
5. Petitioner Timothy D. Pyles has had no physical or verbal
contact with the child for a period of more than seven (7) years.
6. Respondent and Petitioner were divorced from the bonds of
matrimony on August 8, 1996.
7. Respondent remarried on October 4, 1998.
8. Respondent and the minor child have resided in Cumberland
County, Pennsylvania for a period in excess of five (5) years.
9. The minor child is enrolled in Fourth Grade at St.
Patrick's school in Carlisle, Cumberland County, Pennsylvania.
10. A conciliation conference has been scheduled for May 2,
2002.
11. The Uniform Child Custody Jurisdiction Act, § 5341-5366
(hereinafter referred to as "UCCJA") regulates jurisdiction in
child custody actions.
12. Section 5364 of the UCCJA provides, in pertinent part,
that the provisions of the UCCJA allocating jurisdiction and
functions between and among courts of different states shall also
allocate jurisdiction and functions between and among the Courts
of Common Pleas of this Commonwealth.
13. Section 5344 of the UCCJA provides, in pertinent part,
that jurisdiction properly lies in the home state or county of the
child at the commencement of the custody proceeding.
14. The home state of the child is defined by § 5343 of the
UCCJA as the state or county in which the child, immediately
preceding the time involved, lived for at least six (6)
consecutive months.
15. By application of ~ 5364 of the UCCJA and Pa. R.C.P. No.
1915.1 - 1915.2, home county for jurisdiction and venue purposes
within the Commonwealth of Pennsylvania is that county in which
the child lived immediately preceding the time of the commencement
of the action for at least six (6) months.
16. By application of the UCCJA to the facts of the present
case, the home county of the subject child is Cumberland County,
Pennsylvania.
17. Exceptions to jurisdiction in the home county, under
UCCJA § 5344, do not apply in this case and in fact favor
jurisdiction in the home county of Cumberland County, to wit:
a. The child resides with her mother in Cumberland County; and
b. The child has resided with her mother in Cumberland County
for a period in excess of six (6) months; and
c. Majority of the evidence concerning present or future care,
3
protection, training or personal relationships of the child is
available in Cumberland County and is not available in Adams County;
and
d. Substantially all of the information and evidence regarding
the allegations within the Complaint to modify custody is available
in Cumberland County, Pennsylvania, and is not available in Adams
County, Pennsylvania; and
e. The minor chid's school records and contacts are in
Cumberland County, Pennsylvania;
f. Cumberland County is the home county of the child under the
UCCJA.
18. The Petition for modification of custody does not set
forth facts which would warrant or establish jurisdiction in Adams
County, Pennsylvania or as the home county of the child.
19. It is in the best interest of the child to have the
custody matters, of which they are subject, litigated in the Court
of Common Pleas of their own home county, and venue lies in
Cumberland County, Pennsylvania.
WHEREFORE, Petitioner, Plaintiff/Respondent, Elizabeth A.
DiFilippo, respectfully requests that this Honorable Court enter an
Order of Court which affirms that jurisdiction in the above-
captioned custody matter now properly lies in Cumberland County,
Pennsylvania, and that the above-captioned matter be transferred to
the Court of Common Pleas of Cumberland County, Pennsylvania for
lack of jurisdiction in Adams County, Pennsylvania.
4
Date:
April
11, 2002
Respectfully submitted,
Attorney for
Respondent/Plaintiff
Pa. I.D. No. 62469
127 S. Market Street,
P.O. Box 95
Mechanicsburg, PA 17055
(717) 697-7050
VERIFICATION
I verify that the statements made in this Motion to
Dismiss/Preliminary Objections are true and correct. I understand
that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
Date: April i~, 2002
Respondent/Plaintiff
CERTIFICATE OF SERVIC~
I, Andrew C. Sheely, Esquire, hereby certify that I am this day
serving the foregoing Preliminary Objections/Motion to Dismiss for
lack of jurisdiction of Defendant/ Respondent upon the following
named individual this day by depositing same in the United States
Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania,
addressed as follows:
Wendy Weikal-Beauchat, Esquire
63 West High Street
Gettysburg, PA 17325
Date: April 12, 2002
drew C. ~re
0
ELTZABETH ANN DTFTLIPPO
formerly known as ELIZABETH ANN PYLES
Arty: Andrew C. Sheely
V,
TIMOTHY PYLES
Atty: Wendy Weikel-Beauchat
Child: Rebekah Elizabeth Pyles - DOB.' 7/27/92
6,/16/02 - Conference ('.all - ,~ ~ -
93-S-806
IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Elizabeth Ann Pyles, :
Respondent : No.: 93-S-806
VS. :
:
Timothy Pyles, : Action in Custody
Petitioner :
ORDER OF COURT
You, Elizabeth Ann Pyles, respondent, have been sued in court to obtain shared
physical custody of the child: Rebekah Elizabeth Pyles.
You are Ordered to appear in person at the Adams County Courthouse, Baltimore
Street, Gettysburg, Pennsylvania, Room 3 , on I~ay ~, 2002 at 1:30
o'clock P .m., for:
x a conciliation or mediation conference.
X a pretrial conference.
a hearing before the Court.
X The presence of the children is not required.
The presence of the children is required.
If you fail to appear as provided by this order or to bring the children, if so ordered,
an order for custody, partial custody or visitation may be entered against you or the court
may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Adams County Courthouse
Gettysburg, Pennsylvania 17325
(717) 337-9846
Date: March 22, 2002~--~,[~lt~'~'/l ?~~..~,~/9/,j.,
CreqO~esTtheAl~su~MIl~rlsSs/~nT~o~aOmR~moNOran~CdumE~t' ~etteti~ti::f i~e%ec?fer%:~, o~ Rule 1915.1 which
Bring calendar - trial, if needed, will be scheduled at the time of the confe
IN TIlE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Elizabeth Ann Pyles, :
Respondent : No.: 93-S-806 ~-
VS. : ~__:~
Timothy Pyles, : Action in Custod
Petitioner : ~"~
PETITION FOR MODHrICATION OF CUSTODY '
AND NOW this 18th day of March , 2002, comes the petitioner,
Timothy D. Pyles, by his attorney, Wendy Weikal-Beauchat, and states the following
Petition:
1. Petitioner, Timothy D. Pyles is the father of Rebekah Elizabeth Pyles, born
July 27, 1992.
2. Elizabeth Ann Pebeleoppo, formerly known as Elizabeth Ann Pyles, is the
mother of the aforesaid child, whose current address is 71 Margaret Drive, Mechanicsburg,
Pennsylvania 17055.
By Order of Court dated September 24, 1993, legal and physical custody of
the parties' child was established. Said custody schedule has not been adhered to by the
parties.
4. Petitioner feels that it is in the best interest of the child to have an ongoing
relationship with both biological parents.
5. Defendant seeks partial physical custody.
WItEREFORE, petitioner prays your Honorable Court to modify the currem
custody Order to vest shared physical custody of Rebekah Elizabeth Pyles in father.
Wendy Weikal-Beauchat
Attorney for Petitioner
63 West High Street
Gettysburg, PA 17325
(717) 334-4515
IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY,
PENNSYLVANIA
CIVIL-LAW
ELIZABETH ANN PYLES,
Respondent
VS.
TIMOTHY PYLES,
Petitioner
No. 93-S-806
CERTH~ICATE OF SERVICE
I, Sandra L. Singley, secretary for the firm of Beauchat & Beauchat, do hereby
certify that I have served a copy of the Order of Court and Petition for Modification of
Custody on the Respondent, Elizabeth Ann Pebeleoppo, formerly known as Elizabeth
Ann Pyles, by regular mail and by Certified Mail, Restricted Delivery, Return Receipt
Requested, to her last known address of 71 Margaret Drive, Mechanicsburg, PA 17055,
on March 28, 2002.
Date: April 2, 2002
S~ndra L. Singley,"'Secretary 0
BEAUCHAT & BEAUCHAT
Attorney for Petitioner
63 West High Street
Gettysburg, PA 17325
717-334-4515
IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Elizabeth Ann Pyles, :
Respondent : No.: 93-S-806
vs. :
Timothy Pyles, : Action in
Petitioner :
ORDER OF COURT
You, Elizabeth Ann Pyles, respondent, have been sued in court t~ o~in shared
physical custody of the child: Rebekah Elizabeth Pyles.
You are Ordered to appear in person at the Adams County Courthouse, Baltimore
Street, Gettysburg, Pennsylvania, Room 3 , on iqay~,, 2002 at 1:30
o'clock P .m., for:
x a conciliation or mediation conference.
_X_ a pretrial conference.
a hearing before the Court.
X The presence of the children is not required.
The presence of the children is required.
If you fait to appear as provided by this order or to bring the children, if so ordered,
an order for custody, partial custody or visitation may be entered against you or the court
may issue a warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Adams County Courthouse
Gettysburg, Pennsylvania 17325
(717) 337-9846
BY TI-~jE COI. IR'T-
Date:____i'larch 22, __2002, ,.':~ j~.~/~
COURT ADMINISTRATORS NOTICE: Attention is directed to~ Rule 1915.1 which
requires the submission of a memorandum at the time of the conference.
Bring calendar - trial, if needed, will be scheduled at the time of the conf~
~icrolilmer:
IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Elizabeth Ann Pyles, :
Respondent : No.: 93-S-806~i~
Timothy Pyles, : Action in Custody'~ ~~ r-~
Petitioner :
PETITION FOR MODIFICATION OF CUSTODY
AND NOW this 18th day of March , 2002, comes the petitioner,
Timothy D. Pyles, by his attorney, Wendy Weikal-Beauchat, and states the following
Petition:
1. Petitioner, Timothy D Pyles is the father of Rebekah Elizabeth Pyles, born
July 27, 1992.
2. Elizabeth Ann Pebeleoppo, formerly known as Elizabeth Ann Pyles, is the
mother of the aforesaid child, whose current address is 71 Margaret Drive, Mechanicsburg,
Pennsylvania 17055.
3. By Order of Court dated September 24, 1993, legal and physical custody of
the parties' child was established. Said custody schedule has not been adhered to by the
parties.
4. Petitioner feels that it is in the best interest of the child to have an ongoing
relationship with both biological parents.
5. Defendant seeks partial physical custody.
WHEREFORE, petitioner prays your Honorable Court to modify the current
custody Order to vest shared physical custody of Rebekah Elizabeth Pyles in father.
Wendy Weikal-Beauchat
Attorney for Petitioner
63 West High Street
Gettysburg, PA 17325
(717) 334-4515
VERIFICATION
I verify that the statements made in this Petition for Modification of Custody are
true and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
In the Court of Common Pleas of Adams County, Pennsylvania
CIVIL
Elizabeth Ann Pyles
93-S-806
plaintiff No.
Timothy D. Pyles
defendant In Divorce
DECREE OF DIVORCE
AND NOW,
it is ordered and decreed that
plaintiff, and
this 8th day of August
96
, 19__
Elizabeth Ann Pyles
Timothy D. Pyles
defendant, are divorced from the bonds of matrimony.
The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been
entered.
Any existing s~ousal support order shall hereafter be deemed an order
alimony pendente lite if any economic claims remain pending.
BY THE COURT:
President Judge /
ATTEST:
Prothonotary
[~icr0filme~ ox~
PROTHONOTARY
of Adams Coun~
Ch~el Deputy ~ ,~ (7T7) 334~781
P.O. Box 541
Courthouse
Gettysburg, PA 17325
August 8th, ]996
Elizabeth Ann Pyles
PLA INTIFF/Q~I~IXN~
Tl~.Qtby D. ~e$ DEFENDANT/~X
' ........ No 93-8 80~-
NOTICE
T( )
4.2 S9A~b~[e~fi.,.GAe~y~bu~p~ !7~
Pursuant to rcqu rcments of Pennsylvania Rules of Civil Pn~'edure Rule 236, notice ~s hereby given ,that off:; _
August- 8th I~ 96 a(xgiaPr~'~It~decree)Yimatlm~twasenteredagan~tyoun
this office In the pr-cccdJrm as indk'a/cd abo~c ' ' ' '
- zn Divorce
1/ailed: August 8th,
Prothon,.)tary
/s/ Shirley L. She~mau
1996 to Defeudant aud copy to Attornq~,~a~kel.
( Darryl CUUnlugham in Frank~°~ir-
J/
FRANKEL. BARE &
ASSOCIATES
A~'OI~NEY~ AT LAW
14 WEST KING STREET
YORK. pENNSYLVANiA
IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA
ELIZABETH ANN PYLES :
VS :
TIMOTHY D. PYLES :
No. 93-S-806
CIVIL ACTION - LAW
DIVORCE
PRAECIPE TO TRANSMIT RECORD
Ground for divorce: Irretrievable breakdown under (3301(d)(1),0fthe, /
Divorce Code.
Date and manner of service of the Complaint:
September 14, 1993 by Sheriff's Office.
3. (b)
Date of execution of Plaintiff's Affidavit required by Section
3301(d) of the Divorce Code:
May 17, 1996
and, date of service of Plaintiff's Affidavit upon the Defendant:
4. Related claims pending: No other claims raised.
Date and manner of service of Notice of Intention to File Praecipe to
Transmit Record, a copy of which is attached, if the decree is to be
entered under Section 3301(d)(1)(i) of the Divorce Code:
May 28, 1996 ~ Certified to Attorney Beauchat for the Defendant.
D~rryl W. "O~Jnningham,~(~
Attorney for Plaintiff
I.D. No. 53306
14 West King Street
York, Pennsylvania
(717) 854-3836
Uicrofilme¢
EI,IZABET}| ANll PYLES, : IN TIlE C()URT OF COMMON PLEAS
Plaint;ti ~; : OF ADAMS COUNTY, PENNSYLVANIA
:
CiV1L ACTION-DIVORCE AND
CUSTODY
: NO.
Defendant '
:: .... R, D. #2 ,
September
¢~o.~ntiff is f]]i. zabeth Ann Pyles, who ourrehtl~P'~g'ldea at
Box 204, Nr~wpo~t, Pet r'~ c:otmty~ Pennsvl~a~-t'S. ~.?074, s~nce
ll, 1.993. ~- :
2. Defendant is 'Plmoth¥ D. Pyles, who currently resides
south Street7 Gettysburg, Adams County, Penns'f]V~h:ta'~': 17325,
3. Plaintiff and Defendant have been boua ~tde residents
the CommoNwealth for at least
filing of this Complaint~
at 42
in
six months immediately previous to tho
4. Tile Plaintiff and Defehdant were married o~1 January 25,
1992, in Gettysburg, Pa/ulsylvav, ia
5, There hava l>~n no or'lot actions of dlvorct~ o~ for
annulment between the partJer~.
a nd
6. The marriage ia irretrievably br¢)ken,
'; Plaintiff has been idvised that cotlnsoli.~&:t.~, available
that Plaintt£f may have t.h~ r i 9hr to retluoS~i tH~.tq~o~eBurt
require the parties to participate In counseling.
8. Plaintiff l?equests the Co~ I t to (%lltel' a Decree of Divorce
under 3301(c) of the Divorce code.
WllEREFORE, Platntif~ respectfully requests that the Court enter
an Order divorcing her from tho bonds of matrimony with Defendant.
9; Tho.~lt-~g~t~-ons contnined i~ Parngraphs I through 8 are
erence as though sot forth
10. Pl$.I~3i.f~ seokg ousted? of the following chtld~
' NAM~ : .... - ~ .... '". ~RES~T RESIDENCE AGE
Robekah E~zab°th p~Io~: it.D, ~2, BOX 204 1 year
Newport, PA 17074
The child was not born out of wedlock.
The child t~ prese~.~l~ in tile physical custody of Plaintiff,
Elizabeth Ann Py]es.
Since birth, the ctlild has resided with tho following persolls
and at the following addresses:
LIST OF ALL PERSONS
LIST OF AI.L ADDRESSES DATES
Plaintiff and De~indant
365 East. King Street,
Gettysburg, PA 17325
Birth to
to 01/99'
Plaintiff and D~fondant
42 South Street,
Gottysburg, PA ]7~25
01/93 to
O9/11/93
P]aintiff and R.D. #2, Box 204
Plaintiff's motller Newport, PA 17074
al~d father: ['" 17353
Tile ~lot}ler of thu :Gh. tld is Plalntif .. She is
2
09/11/93
to
married tO
12.
Defendal,t, who is t:l/o tath~r el the
11, 'Fb~ relationsl~iP O~ Plain~J ~f to the c:h~td ~s ti%at Of
natural Mother. Th~ Plaintiff currently resides with h~r parents
Ronald and Mary Gross, and her chjld~
TD~ relationship o~ De[endant to the child
Fatl]er. The Defel]dant curren%~ ~es~des alone.
plainti~f has uAt~-]pa~rf:~~-a party or witness, or
,~ the custody of
..i~-~other capacity, in othe~ 1~i9 ~:i~cerning
.:~:q~li~Q in this 'or another cour'~'-:~
.... plaintiff has no ]nf~t
· th~ child per, ding ~n ~ court of thfS c~]m~onweallh,
Plail]ti~ does i%ot know of a [~erson i]ot a party to the
~roceedillgs who has physical custody of the child or claims to have
physical custody or visitation rights with respect to"~ child.
14. ?lie best interost~ al/d permanent welfare of the child will
b~ served by granting Plaintif~ primary physical custody of the
child because she is the parent be~t able to provide for the child's
healthy development.
Dsen tcrminated
cllild have been
to the ~hild have not
slid tho person who ha~ physical custody of the
named as parties to this action.
WI{EREFOI~E, Plaintiff rsque~ts that the Court grant her primary
and legal custody of the chtld.
WOLFE & RICE
Sh~.~l~-~o~.~.~
At~6rn~ for Plaintiff
47 West
Gettysburg,
(717) 337-3754.
LES. (.PT
4
FRANKEL BARE &
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
YORK. PENNSYLVANIA 17401
IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA
ELIZABETH ANN PYLES
VS.
TIMOTHY D. PYLES
No. 93-S-806
:
CIVIL ACTION - LAW
:
DIVORCE
CERTIFICATE OF MAILING OF
NOTICE OF INTENTION TO REQUEST
ENTRY OF DIVORCE DECREE
I, Darryl W. Cunningham, Esquire, do hereby certify that on t~e
date set forth in the Notice of Intention to Request Entry of Divorce Decree,
the original of said Notice was mailed to the above named Defendant,
Timothy D. Pyles. A true and correct copy of the said Notice is attached
hereto and made a part hereof.
FRANKEL, BARE & ASSOCIATES
Darryi W.~nningham,~s~u',~
I.D. 53306
Attorney for Plaintiff
14 West King Street
P.O. Box 1389
York, PA 17405-1389
(717) 854-3836
IN THE COURT OF COMMON PLEA~,
ELIZABETH ANN PYLES
VS
TIMOTHY D. PYLES
No 93-S-806
CIVIL ACTION - LAW
DIVORCE
CERTIFICATE OF SERVICE
!, DarrylW Cunnlngharn. Esquire. of the taw firm of FRANKEL, BARE
& ASSOCIATES, attorneys for Elizabeth Pyles, do hereby certify that I am
this day serving a copy of 'the foregoing Notice to Defendant upon the
co insol of record ~n the following manner
BY CERTIFIED MAIL:
Mark Beauchat, Esquire
31 South Washington Street
Gettysburg, PA t7325
Da ted
June 3, 1996 ' :'
FRANKEL, BARE &
Dar~yl W. C~-m~ningham,
A~torney for Plaintiff
I.D N~. 53306
EE
14 West King Street
York, PA 17401
(717) 854-3836
SENDER: -.~'
I also wish to receive the
following services (for arb
extra fee):
1. [] Addressee's Address
2. [] Restricted Delivery
Consult postmaster for fee. .~
JJJ 3. Arlicle Addressed to: J4a. A~cleNumber ~(2 :~) ~
~ Expre~ Mail ~i,~u,~'-~
~, ,/ , ~ Re~mR~iptfor~ndi~ ~ COD =
5. Received By: (P~nt ~e) (Only if requested ~
6. Signature: (, ~gent)
X
:PS:Form 3811, December 1994
Receipt
IN THE COURT OF COMMON PLEAS OF
ADAMS COUNTY, PENNSYLVANIA
ELIZABETH ANN PYLES
VS
TIMOTHY D PYLES
No. 93-S-806
CIVIl ACTION
DIVORCE
LAW
NOTICE OF iNTENTION TO REQUES'[
ENTRY OF DIVORCE DECREE
¥0:
Timothy D. Pyles
c/o Mark Beauchat, Esquire
31 South Washington Street
Gettysburg, PA 17325
Date of Notice: May 28 1996
IMPORTANT NOTICE
You have been sued in an action for Divorce. You have failed to
answer the Complaint or file a Counter Affidavit to the Plaintiff's Affidavit.
Therefore, on or after twenty (20) days, June 20, 1996 the Plaintiff can request the
Court to enter a final Decree in Divorce
If you do not file with the Prothonotary of the Court an answer with
your signature notarized or verified or a Counter Affidavit by the above date, the
Court can enter a final Decree in Divorce, Unless you have already filed with the
Court a written claim for economic relief, you most do so by the above date or the
Court may grant the Divorce and you will lose forever the right to ask for econQmicl*m ;3:i,~:
relief. A COUNTER AFFIDAVIT WHICH YOU MAY FILE WITH THE ,;
PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE ': C)', iq
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
Cc~tHt Adr~m~istrator o! Adams Coug~ty
Adams County Courthouse
111 Baltimore Street
Gettysburg, PA 1732§
!717) 334 6781
FRANKEL, BARE & ASSOCIATES
Darryl~ C u n n in ~£ s~u'u~e
I.D. 53306
Attorney for Plaintiff
14 West King Street
York Pennsylvania i7401
/7!71:854 3~36
FRANKEL, SARE
ASSOCIATES
N THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA
ELIZABETH ANN PYLES
VS
TIMOTHY D. PYLES
No. 93-S-806
CIVIL ACTION ~ LAW
DIVORCE
CERTIFICATE OF SERVICE
I, Darryl W. Cunningham, Esquire, of the law firm of FRANKEL, BARE
& ASSOCIATES, attorneys for Elizabeth Pyles, do hereby certify that I am
this day serving a copy of the foregoing Notice to Defendant upon the
counsel of record in the following manner.
BY CERTIFIED MAIL:
Mark Beauchat, Esquire
31 South Washington Street
Gettysburg, PA 17325
Dated: June 3, 1996
FRANKEL, BARE & ASSOCI~"~
AttorYney' forC~ln2inngtil~;m' Es~c~-~
!.D. No. 53306
14 West King Street
York, PA 17401
(717) 854-3836
Microfilmed
SENDER: ' .;'
· Complete items 1 and/or 2 for additional ser'~ces.
· Complete items 3 4a, and 4b. . .' ! .'
· Attach this form to the front of the mallp~ece, or on the b~,~? ~pace does not
eWote 'Return Receipt Requested' on the mai piece below the art cie number.
delivered.
I also wish to receive the
following services (for ar~
extra fee):
1. [] Addressse's Address
2. [] Restricted Delivery
Consutt postmaster for fee.
3. Article Addressed to:
5~._...~. Re~eiv~ed By: (P~.,int N~e)~ .
= 6. Signature: (,~ddressee or Agent)
-- PS Form 3811, December 1994
4a. Article Number
IO.5
~4b* Service ~,e
[] Express Mail
[] RetumReceiptforMerchar~ise [] COD
,,
8. Addre~ee's Address (Only if requested
d)__ l ,
Domestic ~urn Rece;p~
FRANKEL BARE &
ASSOCIATES
ATTORNEYS AT LAW
14 WEST KING STREET
IN THE COURT OF COMMON PLEAS OF ~ COUNTY, PENNSYLVANIA
~.T?~B At~ L~cr.P.q NO. 93-5-806 ~ ~ ~-
VS CIVIL ACTION - LAW ~, :i~
q2]~TZ~ZY D. z~r.~ DIVORCE ACTION ~
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on .~_'~p/frn~- la,, IgCl~ 19g~
2. The marriage of Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of filing of the Complaint.
3. I consent to the entry of a final decree of divorce.
4. I understand that if a claim for alimony, alimony pendente lite,
marital property, counsel fees or expenses has not been filed with the Court
before the entry of a final decree in divorce, the right to claim any of them
will be lost.
I verify that the statements made in the Affidavit are true and correct.
I understand that false statements thereto are made subject to the penalties
of 18 P.A.C.S., Section 4904, relating to unsworn falsification to
authorities.
FRAN KEL~ BARE
ASSOCIATES
IN THE COURT OF COMMON PLEAS OF t~JllSCOUNTY, PENNSYLVANIA
VS :
:
TIMOTHY D. PY~q
.
No. 93-s-806
CIVIL ACTION - LAW
DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCF
DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODF
I. I consent to the entry of a final decree of divorce without notice.
2. I understand I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is
granted.
3. I understand that I will not be divorced until a divorce decree is entered
by the Court and that a copy of the Decree will be sent to me
immediately after it is filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct.
understand that false statements herein are made subject to the penalties of
19 Pa.C.S. Section 4904 reiadng to un~,orn '~alsii'icat. ici~ [o autho,~izies.
FRANKEL BARE &
ASSOCIATES
ATTORNEYS AT LAW
IN THE COURT OF COMMON PLEAS OF '~N::~t~E~OUNTY, PENNSYLVANIA
NO. 93-$-8O6
CIVIL ACTION - LAW
DIVORCE ACTION
NOTICE TO THE DEFENDANT =-
~.,~,, ~,., ~ .......... =.. ~O .,, ~:~ tN~
'ou must file a counteraffidavit within twenty (20) days after this affidavit
has been served on you or the statements will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. The parties to this action separated on ~~ I.~ I q5 and
have continued to live separate and apart for a period of at least two (2)
years,
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do now claim them before a divorce
~s granted.
I verify that the statements made in the Affidavit are true and correct.
understand that false statements herein are made subject to the penalties
of 18 P.A.C.S, Section 4904, relating to unsworn falsification to
authorities.
/ D/ATE
IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA
ELIZABETH ANN PYLES :
VS :
:
TIMOTHY D. PYLES :
No. 93-S-806
CIVIL ACTION - LAW
DIVORCE
PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the appearance of Sheryl Jackson, Esquire, and enter
the appearance of Darryl W. Cunningham, Esquire, as attorney for Plaintiff,
Elizabeth Ann Pyles.
Dated:
I.D. No.
~. eunr~in~l~ire
I.D. No. 53306
Attorney for Plaintiff
. Microfilmed
ELIZABETH ANN PYLES, : IN THE COURT OF COMMON PLEAS
: OF ADAMS COUNTY, PENNSYLVANIA
Plaintiff : ~
: CIVIL ACTION-DIVORCE
v. : CUSTODY
:
TIMOTHY D. PYLES, : NO. 93-S-806 ~]?~
Defendant :.
ORDER OF COURT
AND NOW, this ay of , 1993, upon
consideration of the attached Motion, and based upon the agreement
of the parties, said Motion is granted. The custody conference in
this matter is continued generally at the call of either party.
Pending further Order of Court, primary physical custody of the
child, Rebekah Elizabeth Pyles shall remain with her mother,
Elizabeth Ann Pyles.
Timothy D. Pyles, the child's Father, shall have partial
custody of said child as follows:
A. Beginning on September 25, 1993, and on alternating
weekends thereafter, Father shall have partial custody of
Rebekah Elizabeth Pyles each Saturday and Sunday from 9:00
a.m. until 9:00 p.m.
B. Beginning September 21, 1993, Father shall also have
partial custody of Rebekah every Tuesday and Thursday evening
from 3:30 p.m. until 8:00 p.m.
· ~, ~licrofilme~;
C. Transportation: On Tuesdays and Thursdays, Father
shall pick up Rebekah at her baby sitter's. On Saturdays and
Sundays when he is exercising partial custody, Father shall
pick up the child at the home of the Mother's parents, Ronald
and Mary Gross, of R.D. 2, Box 204, Newport, Perry County,
Pennsylvania 17074. Mother shall pick the child up at the
former marital residence at 42 South Street, Gettysburg,
Adams County, Pennsylvania 17325, at the conclusion of each
visit.
Nothing in this Agreement shall prevent the parties from
altering this arrangement, provided both parties agree to any
proposed changes.
By entering into this Agreement, neither party is waiving
the right to pursue permanent custody of the child.
BY THE COURT,
ELIZABETH ANN PYLES, :
:
Plaintiff :
:
v. :
TIMOTHY D. PYLES, :
Defendant
IN THE COURT OF COMMON PLEAS
OF ADAMS COUNTY, PENNSYLVANIA
CIVIL ACTION-DIVORCE AND
CUSTODY
NO. 93-S-806
MOTION
AND NOW, comes the Plaintiff, Elizabeth Ann Pyles, by her
Attorneys, Wolfe & Rice, and represents as follows:
1. Defendant is represented by Attorney Mark Beauchat in this
matter.
2. The parties have agreed upon a temporary custody
arrangement pending further court proceedings in this matter.
3. The parties are desirous that the custody conference
previously scheduled for September 20, 1993, at 8:30 a.m., be
continued generally at the call of either party.
4. The parties are desirous that the Court adopt the attached
proposed Order as a temporary Custody Order.
WHEREFORE, Plaintiff moves this Honorable Court to continue
generally the custody conference previously scheduled in this
matter, and to adopt the attached proposed Order as an Order of
Court.
S-PYLES.CPT
FILED
Respectfully s~mitted,
WOLFE & RICE
47 West High Street
Gettysburg, PA 17325
(717) 337-3754
DATE RECEIVED
SHERIFF'S DEPARTMENT
ADAMS COUNTY, PENNSYLVANIA
COURTHOUSE, GETTYSBURG, PA 17325
DATE PROCESSED
INSTRUCTIONS: See "INSTRUCTIONS FOR SERVICE OF PROCESS BY
SHERIFF SERVICE THE SHERIFF" on the reverse of the last (No. 5) copy of this form. Please
PROCESS RECEIPT, and AFFIDAVIT OF RETURN type or print legibly, insuring readability of all copies.
Do not detach any copies. ACSD ENV.#
1. PLAINTIFF/S/
~lizabeth Ann i~les 2. COURT NUMBER
3. DEFENDANT/S/ ~'~ ' ~ -- ~1~
Timothy D. Pyles 4. TYPE OF WRIT OR COMPLAINT:
Divorce and Custody & Order
S~[RVE 5. NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC., TO SERVICE OR DESCRIPTION OF PROPERTY TO BE LEVIED. A3q'ACHED OR SOLD·
Ti~nothy D. Pyles
6. ADDRESS (Street or RFD. Apartment No.. City. Boro. Twp.. State and ZIP CODE)
AT
42 South Street, Gettysburg, PA 17325
7. INDICATE UNUSUAL SERVIOE:~ PERSONAL ~ PERSON IN CHARGE Q DEPUTIZE Q CERT· MAiL ~ REGISTERED MAIL Q POSTED F2 OTHER
Now, 19 , I, SHERIFF OF ADAMS COUNTY, PA., do hereby deputize the Sheriff of
County to execute this Writ and make return therof according to law. This .c~tation being
made at the request and risk of the plaintiff.
8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST ~. ~ERI~,~. F ADAMS COUNTY
IN EXPEDITING SERVICE. ;-~; -- '.
~mployed at Gettysburg Hospital--day shift
NOTE ONLY 'APPLICABLE ON WRIT OF EXECUTION· L ~ ~
· N.B. WAIVER OF WATCHMAN--Any deputy sheriff levying upon or attaching any property u~r wit~iq;~,rit may leave
same without a watchman, in custody of whomever is found in possesson after notify ng person o evy or atlachment without liabilit - "'"'-- '~ --
any plmntdf herein for any loss, destruction or removal of any such property before sheriff's sale thereof· ' y on the pad o7 .~ucn d~y or the sheriff to
9. SIGNATURE of ATTORNEY or other ORIGINATOR requesting service on behalf of: 10. TELEPHONE NUMBER 11 DATE
~ PLAINTIFF
Sherffl Jaokson, Esq. ~ DEFENDANT (717) 337-3754 09/14/93
SPACE BELOW FOR USE OF SHERIFF ONLY -- DO NOT WRITE BELOW THIS LINE
12. IoracCkoT~lla~ndtgaesr~nc~]cPalt~fdtha:o~i, ATURE of Authoriz~ed ACSD Depu,~ or Clerk~nd~,,l~ -- ~p
~t ~~ ~, ~.~ a ?.j 9_~_, ~ ~ ~.~, .~j._~ iration / Headng date
15. I hereby CERTIFY and RETURN that I ~[ have personally served, [] have served person in charge, [] have legal evidence of service as shown in "Remarks" (on reverse)
[] have posted the above described property with the writ or complaint described on the individual, company, corporation, etc,, at the address shown above or on the
individua4 company, corporation, etc., at the address inserted below by handing/or Posting a TRUE and ATTESTED COPY therof.
16. C~ I hereby certify and return a NOT FOUND because I am unable to ~ocate the individual, company, corporation, etc., named above, (See remarks below)
17. Name and title of individual served
I18 A person of suitable age and dsce on ~d
Timothy D. Pyles ~h.n residing in the defendan's usual
19, Address of where served (complete only if different than shown above) (Street or RFD, Apartment No., City, Boro, Twp, place of abode []
Order
State and ZIP CODE)
22. ATTEMPTS Date Miles Dep.lnt. Date Miles DepJnt. Date Mites I Dep.lnt, Date Miles De
23. Advance Costs 24. 25, 26 27. Total Costs
$50.00 Fm. Atty. $18.#0 Pd. 9/15/93
20 Date of Service 21. Time
9/1 ~/93 5."00PM
Int. Date ~ )s Dep.lnt.
28. ~REFUND
$31.60 Ck. #24288
AFFIRMED and subscribed to before me this
day of 19
Prothonotary/Deputy/Notary Pubfic
MY COMMISSION EXPIRES
I ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE
OF AUTHORIZED ISSUING AUTHORITY AND TITLE.
SO ANSWER.
By (Sheriff / (~/[(PJease Print or Type)
Bernard V. Miller
Signature of Sheriff
SHERIFF OF ADAMS COUNTY
39. Date Received
PROTHONOTARY Microfilmer'
SHERIFF'S RETURN OF SERVICI=
(1) The within
upon
defendant by mailing to , the within named
by mail, return receipt requested, postage
prepaid, on the
a true and attested copy thereof at
(2)
The return receipt signed by
defendant on the
made a part of this return, is hereto attached and
Outside the Commonwealth, pursuant to Pa. R.C.P.405 (c) (1) (2), by mailing a true
and attested copy thereof at
in the following manner:
(a) To the defendant by ( ) registered ( ) certified mail, return receipt requested,
postage prepaid, addressee only on the
said receipt being returned NOT signed by defendant, but with a notation by the Postal Authorities
that Defendant refused to accept the same. The returned receipt and envelope is attached hereto
and made part of this return.
And thereafter:
(b) To the defendant by ordinary mail addressed to defendant at same address, with the return
address of the Sheriff appearing thereon, on the
I further certify that after fifteen (15) days from the mailing date, I have not received
said envelope back from the Postal Authorities. A certificate of mailing is hereto attached as a
proof of mailing.
(3) By publication in the Adams County Legal Journal, a weekly publication of general circulation in
the County, of Adams, Commonwealth of Pennsylvania, and the Gettysburg Times, a daily
newspaper published in the County of Adams, Commonwealth of Pennsylvania and having general
circulation in said County for
successive weeks of
(4)
The Affidavits
from said Adams County Legal Journal and Gettysburg Times, are hereto attached and made
part of this return.
By mailing to__
by mail, return receipt requested, postagb I~repaid,
on the_
a true and attested copy thereof at_
The
Authorities marked
· is hereto attached.
_ returned by the Postal
(5) Other
ELIZABETH ANN PYLES,
Plaintiff
TIMOTHY D.
Defendant
: IN THE COURT OF COMMON PLEAS
: OF ADAMS COUNTY, PENNSYLVANIA
:
: CIVIL ACTION-DIVORCE AND
V · : CUSTODY ~
:
PYLES, : NO. ~J-~_ ~0~9.~-~
ORDER OF COURT
You, Timothy D. Pytes, Defendant, have been sued in court to
obtain custody of the child: Rebekah Elizabeth Pyles.
You are Ordered to appear in person at the Adams County
Courthouse, Gettysburg, Pennsylvania, on Monday, September 20, 1993, at
~0 A.M, for:
a conciliation or mediation conference.
X a pretrial conference.
__ a hearing before the Court.
X The presence of the child is not required
__The presence of the child is required.
Pending this conference, temporary custody of Rebekah Elizabeth
Pyles shall remain with her mother, Elizabeth Ann Pyles.
If you fail to appear as provided by this order or to bring the
child, if so ordered, an order for custody, partial custody or
visitation may be entered against you or the court may issue a
warrant for your arrest.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Adams County Courthouse
Gettysburg, PA 17325
Phone: (717) 334-6781, ext.
213
Date: September 14, 1993 ~~ ~~p.j. ~
COURT ADMINISTRATOR'S NOTICE: Attention is~/directed to Local
Rule 1915.1 which requires submittal of a memorandum at the time of
the conference.
ELIZABETH ANN PYLES,
Plaintiff
TIMOTHY D.
Defendant
PYLES,
IN THE COURT OF COMMON PLEAS
OF ADAMS COUNTY, PENNSYLVANIA
CIVIL ACTION-DIVORCE AND
CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
¥OU A~EBEING SUED I~ COURT. If you wish to defend against the
claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable
breakdom~n of the marriage, you may request marriage counseling. A
list of marriage counselors is available in the Office of the
Prothonotary at the Adams County courthouse, First Floor,
Gettysburg, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT ~AVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Adams County Courthouse
Gettysburg, PA 17325
Phone (717) 334-6781 Ext. 213
ELIZABETH ANN PYLES,
Plaintiff
TIMOTHY D.
Defendant
PYLES,
IN THE COURT OF COMMON PLEAS
OF ADAMS COUNTY, PENNSYLVANIA
CIVIL ACTION-DIVORCE AND
CUSTODY
NO.
COMPLAINT FOR DIVORCE AND CUSTODY
COUNT I - DIVORCE UNDER SECTION 3301fC)
1. Plaintiff is Elizabeth Ann Pyles, who currently resides at
R.D. #2, Box 204, Newport, Perry County, Pennsylvania 17074, since
September 11, 1993.
2. Defendant is Timothy D. Pyles, who currently resides at 42
South Street, Gettysburg, Adams County, Pennsylvania 17325.
3. Plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on January 25,
1992, in Gettysburg, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available
and that Plaintiff may have the right to request that the court
require the parties to participate in counseling.
8. Plaintiff requests the Court to enter a Decree of Divorce
under 3301(c) of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests that the Court enter
an Order divorcing her from the bonds of matrimony with Defendant.
COUNT II - CUSTODY
9. The allegations contained in Paragraphs 1 through 8 are
incorporated herein by reference as though set forth in full.
10. Plaintiff seeks custody of the following child:
NAME PRESENT RESIDENCE AGE
Rebekah Elizabeth Pyles R.D. #2, Box 204 1 year
Newport, PA 17074 Born 07/27/92
The child was not born out of wedlock.
The child is presently in the physical custody of Plaintiff,
Elizabeth Ann Pyles.
Since birth, the child has resided with the following persons
and at the following addresses:
LIST OF ALL PERSONS
Plaintiff and Defendant
Plaintiff and Defendant
Plaintiff and
Plaintiff's mother
and father
The mother of the child is
LIST OF ALL ADDRESSES
DATES
365 East King Street,
Gettysburg, PA 17325
42 South Street,
Gettysburg, PA 17325
R.D. #2, Box 204
Newport, PA 17074
17353
Birth to
to 01/93
01/93 to
09/11/93
09/11/93
to
Present
Plaintiff. She is married to
2
Defendant, who is the father of the child.
11. The relationship of Plaintiff to the child is that of
natural Mother. The Plaintiff currently resides with her parents,
Ronald and Mary Gross, and her child.
12. The relationship of Defendant to the child is that of
natural Father. The Defendant currently resides alone.
13. Plaintiff has not participated as a party or witness, or
in another capacity, in other litigation concerning the custody of
the child in this or another court.
Plaintiff has no information of a custody proceeding concerning
the child pending in a court of this Commonwealth.
Plaintiff does not know of a person not a party to the
proceedings who has physical custody of the child or claims to have
physical custody or visitation rights with respect to the child.
14. The best interests and permanent welfare of the child will
be served by granting Plaintiff primary physical custody of the
child because she is the parent best able to provide for the child's
healthy development.
15. Each parent whose parental rights to the child have not
been terminated and the person who has physical custody of the
child have been named as parties to this action.
3
WHEREFORE, Plaintiff requests that the Court grant her primary
physical and legal custody of the child.
WOLFE & RICE
By:
47 West High Street
Gettysburg, PA 17325
(717) 337-3754
S-PYLES.CPT
4
ELIZABETH ANN PYLES,
Plaintiff
TIMOTHY D.
Defendant
PYLES,
IN THE COURT OF COMMON PLEAS
OF ADAMS COUNTY, PENNSYLVANIA
CIVIL ACTION-DIVORCE AND
CUSTODY
NO.
I, Elizabeth Ann Pyles, verify that the statements made in this
Complaint for Divorce and Custody are true and correct. I
understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904, relating to unsworn
falsification to authorities.
Elizabeth A~n Pyl~, Plaintiff
THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
Elizabeth Ann Pyles, :
Respondent :
Timothy Pyles, :
Petitioner :
No: 02-3963
Action in Custody
PETITION FOR MODIFICATION OF CUSTODY
AND NOW this day of ,2002, comes the petitioner,
Timothy D. Pyles, by his attorney, Wendy Weikal-Beauchat, and states the following
Petition:
1. Petitioner, Timothy D. Pyles is the father of Rebekah Elizabeth Pyles, bom
July 27, 1992.
2. Elizabeth Ann Peheleoppo, formerly known as Elizabeth Ann Pyles, is the
mother of the aforesaid child, whose eurrem address is 71 Margaret Drive, Meehaniesburg,
Pennsylvania 17055.
3. By Order of Court dated September 24, 1993, legal and physical custody of
the parties' child was established. Said custody schedule has not been adhered to by the
parties.
4. Petitioner feels that it is in the best interest of the child to have an ongoing
relationship with both biological parents.
5. Defendant seeks partial physical custody.
WHEREFORE, petitioner prays your Honorable Court to modify the current
custody Oreder to vest shared physical custody of Rebekah Elizabeth Pyles in father.
Wendy Weikal-Beauchat
Attorney for Petitioner
63 West High Street
Gettysburg, Pennsylvania 17325
(717)334-4515
Supreme Court ID #71930
VERIFICATION
I verify that the statements made in this Petition for Modification of Custody are
tree and correct. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. §4904 relating to unswom falsification to authorites.
Date: ~J ,2O02
Petitioner
ELIZABETH ANN PYLES
PLAINTIFF
TIMOTHY PYLES
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-3963 CIVIL ACTION LAW
: IN CUSTODY
ORDER OF COURT
AND NOW, W~dnesday, September 25, 2002 upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator,
at4th Floor, Ojmherland Count~ Courthouse, Carlisle on Saturday, October 26, 2002 at 8:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the cot~, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/
Hubert X. Gilroy, Esq.
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or heating.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
NO1/0 4 2002
ELIZABETH ANN DIFILIPPO,
(formerly Elizabeth Ann Pyles)
Plaintiff
TIMOTHY PYLES,
Defendant
: IN THE COURT OF COMMON PLEAS OF
:
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 02 - 3963 CIVIL
: IN CUSTODY
COURT ORDER
AND NOW, this ~' ~ day of ~)~ , 2002, upon consideration of the
attached Custody Conciliation Report, it is ordered and directed as follows:
Legal counsel for the parties shall conduct another custody conciliation
conference via telephone conference call with the conciliator on Tuesday,
November 26, 2002 at 8:30 a.m. During that conciliation, the conciliator will
determine whether the Mother has f'ded any petition to terminate the Father's
rights. If such a petition has been filed, the conciliator is authorized to
recommend an order to this court holding the custody issue in abeyance
pending resolution of the adoption/petition to terminate rights. In the event
Mother has not instituted a petition to terminate parental rights by the time
the parties have the next custody conciliation conference, the conciliator will
work with the parties with respect to achieving a temporary custody order
that would afford Father some contact with the minor child which may be
involved with supervised visitation or visitation facilitated through a
counselor. At the same time, the conciliator will submit the matter to the
court for the scheduling of a hearing on the merits of the case.
Edward E. Guido
Wendy Weikal-Beauchat, Esquire
Andrew C. Sheely, Esquire
ELIZABETH ANN DIFILIPPO,
(formerly Elizabeth Ann Pyles)
Plaintiff
V
TIMOTHY PYLES,
Defendant
: IN THE COURT OF COMMON PLEAS OF
:
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 02 - 3963 CIVIL
: IN CUSTODY
Prior Judge: Edward E. Guido
CONCILIATION CONFERENCE SUMMARY REPORT
IN ACCORDANCE WITH THE CUMBERLAND COUNTY
PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator
report:
CIVIL RULE OF
submits the following
The pertinent information pertaining to the child who is the subject of this litigation
is as follows:
Rebekah Elizabeth Pyles, born July 27, 1992.
2. A Conciliation Conference was held on October 31, 2002, with the following
individuals in attendance:
The Father, Timothy Pyles, with his counsel, Wendy Weikal-Beauchat, Esquire; and
the Mother, Elizabeth Ann DiFilippo, with her counsel, Andrew C. Sheely, Esquire.
This is a situation where the parties separated in the early 1990's and there was a
custody order entered from Adams County in 1993. However, the Mother had
primary custody and for approximately the past five years the Father has not had
any contact with the minor child. The Father has been paying support and has now
initiated the custody petition. Mother has indicated that she is considering filing a
petition to terminate Father's rights in conjunction with an adoption by her current
husband. She has been married to Mr. DiFilippo since 1998.
In light of the long period of time that Father has not seen the child, the conciliator
feels that the issue of an adoption/termination of rights should be addressed before
there is any recommendation of a temporary custody schedule or before this matter is
simply referred to the court for a hearing. The conciliator consulted with Judge
Guido on this issue during the custody conciliation conference.
Se
Based upon the above, the conciliator recommends the entry of an order in the form
as attached.
Hubert X. Gilroy, E~uire
Custody Conciliat~
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
ELIZABETH ANN PYLES,
Respondent
No. 02-3963
VS.
TIMOTHY PYLES, Action in Custody
Petitioner
ANSWER TO INVOLUNTARY TERMINATION OF PARENTAL RIG}ITS.
PURSUANT TO 23 Pa.C.S. §2511
AND NOW this ,,~day of February, 2003, comes Petitioner, Timothy Pyles, by
and through his attorney, Wendy Weikal-Beauchat, Esquire, and files the following Answer
to Respondent's Petition to Involuntary
Pa.C.S. §2511, averting the following:
1. Admitted.
2.
3.
Termination of Parental Rights Pursuant to 23
Admitted.
Petitioner is without knowledge to form a belief as to the accuracy of the
allegations contained in paragraph 3. The same is therefore denied and strict proof thereof,
if admissible, is demanded at the trial of this matter.
4. Admitted.
5. Admitted.
6. Petitioner Timothy Pyles refuses to sign any consents for voluntary
relinquishment of his parental rights and is litigating the respondent's efforts to terminate
his rights.
7. Denied. Petitioner has attempted to contact his daughter but has been unable
to due to the fact that respondent has refused to uphold the Court Order dated September
23, 1993 in giving Petitioner partial custody of the child. Furthermore, during the six
months immediately proceeding the filing of this action Petitioner has been actively seeking
partial custody through the Courts of Adams and Cumberland Counties.
8. Petitioner is without knowledge to form a belief as to the accuracy of the
allegations contained in paragraph 8. The same is therefore denied and strict proof thereof,
if admissible, is demanded at the trial of this matter.
WHEREFORE, Petitioner requests that his parental rights be upheld as well as the
Court Order dated September 23, 1993, giving Petitioner partial custody of the child.
Respectfully Submitted,
BEAUCHAT & BEAUCHAT
Date:
Wendy Weikal-Beauchat, Esquire
63 West High Street
Gettysburg, PA 17325
717-334-4515
Attorney for Petitioner
VERIFICATION
I verify that the statements made in the foregoing document are true and correct to
the best of our knowledge. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities.
Date: ~- '~- o 3 ,2003 _
Timoth~les ~
Petitioner